PART 11. TEXAS BOARD OF NURSING
CHAPTER 213. PRACTICE AND PROCEDURE
The Texas Board of Nursing (Board) proposes amendments to §213.23, concerning Decision of the Board. These amendments are proposed under the Occupations Code §301.459(a) and §301.151 and the Government Code §2001.004 and §2001.062(a) and (b) and are necessary to implement the Board's amended policy regarding the appearance of individuals before the Board in contested cases. Specifically, the proposed amendments establish the specific procedures and requirements that must be met before an individual will be permitted to appear before the Board to make an oral presentation regarding a Proposal for Decision (PFD) in a contested case.
Pursuant to the Occupations Code §301.505(c) and the Government Code Chapter 2001, an Administrative Law Judge (ALJ) is required to issue a PFD that includes findings of fact, conclusions of law, and proposed sanctions and penalties in each contested case filed by the Board with the State Office of Administrative Hearings (SOAH). Once a PFD has been issued by an ALJ and all exceptions have been filed and ruled on by the ALJ, the Board reviews, deliberates, and decides whether to accept the PFD's findings of fact, conclusions of law, and recommended sanctions and penalties with, or without, modification. Historically, the Board has permitted an individual affected by a PFD to appear before it to make an oral presentation regarding the PFD prior to the Board's final deliberation and decision. Although these individuals are requested to submit their arguments and briefing to the Board in advance of the Board meeting in which the PFD is scheduled to be considered, the majority of these individuals have ignored this request and, instead, have opted to orally address the Board during its open meeting. The Board's policy of permitting individuals to appear before it to make presentations regarding PFDs was intended to provide individuals with an additional opportunity to be heard and to maintain a sense of fairness in Board decisions. However, over time, it has become clear that most individuals inappropriately utilize the oral forum to present information to the Board that was not considered by the ALJ who prepared and issued the PFD. Because the receipt and consideration of such information could introduce agency error into final Board decisions, the Board re-considered its policy of permitting individuals to appear before it at the April, 2009, Board meeting, and voted to amend its policy. The amended policy permits an individual to appear before the Board to make an oral presentation regarding a PFD provided that the individual provides written exceptions or briefs to the Board in advance of the Board meeting where the PFD will be considered.
The Government Code §2001.062(a)(2) requires a party who may be adversely affected by an agency decision to be given an opportunity to file exceptions and present briefs to the state agency officials who will render the final decision. Additionally, if exceptions or briefs are filed by a party, §2001.062(b) requires that the other party be given an opportunity to file replies to the exceptions or briefs. Neither the Government Code Chapter 2001 nor the Occupations Code Chapter 301, however, requires the Board to provide an individual with an additional opportunity to appear before it to make an oral presentation regarding a PFD once the individual has been afforded a hearing at SOAH. Further, the Board recognizes that an individual who appears before the Board may present information to the Board that was not presented to the ALJ who prepared and issued the PFD under consideration. Nevertheless, the Board has determined that it should continue to offer an individual affected by a PFD the opportunity to appear before it. However, the Board has also determined that it should adopt procedures and requirements that are designed to minimize the risk of receiving new evidence and testimony during the individual's oral presentation to the Board. To that end, the Board is proposing amendments to §213.23, which will require individuals to meet certain requirements before they are allowed to appear before the Board.
In accordance with the requirements of the Government Code §2001.062, the proposed amendments to §213.23(d) provide parties an opportunity to file: (i) written exceptions and briefs with the Board concerning a PFD; and (ii) responses to written exceptions and briefs. Under this proposed amendment, an individual is entitled to file written exceptions and briefs with the Board regarding a PFD, regardless of whether the individual also intends to appear before the Board to make an oral presentation regarding the PFD. In such event, the Board will consider the written exceptions and briefs that were submitted to it during its open meeting. However, if an individual intends to appear before the Board to make an oral presentation regarding a PFD, the proposed amendments to §213.23(d) require the individual to first file written exceptions or briefs with the Board at least 21 days prior to the date of the Board meeting in which the Board will consider the PFD. If an individual fails to meet this proposed requirement, for example, by either not filing written exceptions or briefs or by filing written exceptions or briefs untimely, the individual will not be permitted to appear before the Board to make an oral presentation. Rather, the Board will consider any written exceptions and briefs that were submitted to it during its open meeting. Further, under the proposed amendments, an individual will not be permitted to make an oral presentation to the Board concerning a proposed modification to a PFD unless the individual has filed a written response to the proposed modification at least 10 days prior to the date of the Board meeting where the Board will consider the PFD. Should an individual fail to meet this proposed requirement, the individual will not be permitted to appear before the Board to make an oral presentation. Rather, the Board will consider any written responses that were submitted to it during its open meeting.
The proposed requirements implement safeguards that are designed to reduce the risk of evidence and testimony that was not considered by the ALJ issuing the PFD from being presented to the Board. These safeguards serve an important purpose. Pursuant to the Government Code §2001.058(e), the Board may only modify a PFD under specifically defined circumstances. The Board's consideration of new evidence or information that was not presented to the ALJ issuing the PFD could inject agency error into the Board's final decision on the PFD. As such, the receipt of such evidence and testimony is problematic for the Board and should be controlled. The proposed amendments help achieve this goal by requiring an individual to pre-file his or her written exceptions and briefs with the Board. An individual's legal arguments regarding a PFD are best vetted in written form, especially in circumstances where the individual is addressing the Board for the first time. This will typically be the situation in contested cases. Although Board staff may be familiar with the particular facts of a contested case or the particular legal arguments that an individual is asserting, Board members will generally not be familiar with those facts and arguments until the PFD comes before the Board for its deliberation and decision. The proposed requirements are designed to provide Board members with additional time to review and consider the written exceptions and briefs provided by the individual, in advance of the Board meeting where the Board will deliberate on the PFD in open forum. In this way, the proposed requirements encourage thoughtful preparation by an individual appearing before the Board, as well as thoughtful deliberation by the Board. The proposed requirements are also consistent with the intent of the Government Code §2001.062, which contemplates the presentation of legal argument through the submission of written exceptions and briefs and written responses to exceptions and briefs. Finally, the proposed amendments to §213.23(d) strike an appropriate balance by providing individuals with an additional opportunity to appear before the Board to be heard on a PFD in a contested case, while guarding against potential agency error in the final Board decision on the PFD.
The proposed amendment to §213.23(c) is necessary to clarify that a PFD may be acted upon by the Board or the Eligibility and Disciplinary Committee, pursuant to the requirements of §213.23. The remaining proposed amendments are necessary to re-designate the subsections in §213.23.
Section-by-Section Overview. The following is a section-by-section overview of the proposal.
Proposed amended §213.23(c) provides that a PFD may be acted on by the Board or the Eligibility and Disciplinary Committee, in accordance with §213.23, after the expiration of 10 days after the filing of replies to exceptions to the PFD or upon the day following the day exceptions or replies to exceptions are due if no such exceptions or replies are filed. Proposed amended §213.23(d) provides that parties shall have an opportunity to file written exceptions and briefs with the Board concerning a PFD. Further, proposed amended §213.23(d) states that an opportunity shall be given to file a response to written exceptions and briefs. However, a Respondent shall not be permitted to make an oral presentation to the Board concerning a PFD unless the Respondent has first filed written exceptions or briefs with the Board at least 21 days prior to the date of the next regularly scheduled Board meeting where the Board will deliberate on the PFD. Finally, proposed amended §213.23(d) provides that a Respondent shall not be permitted to make an oral presentation to the Board concerning a proposed modification to a PFD unless the Respondent has first filed a written response to the proposed modification with the Board at least 10 days prior to the date of the regularly scheduled Board meeting where the Board will deliberate on the PFD.
The remaining amendments re-designate the subsections accordingly.
FISCAL NOTE. Katherine Thomas, Executive Director, has determined that for each year of the first five years the proposed amended sections are in effect, there will be no additional fiscal implications for state or local government as a result of implementing the proposed amendments.
PUBLIC BENEFIT/COST NOTE. Ms. Thomas has also determined that for each year of the first five years the proposed amendments are in effect, there will be public benefits, and there will be potential costs for individuals who comply with the proposal.
Anticipated Public Benefits. The anticipated public benefits will be the adoption of requirements that: (i) provide individuals with the opportunity to personally appear and make oral presentations to the Board; (ii) promote fairness in Board decisions; and (iii) provide additional safeguards designed to reduce the potential for agency error in Board decisions, which promotes the integrity and reliability of Board decisions.
The proposed requirements provide an individual with the opportunity to appear before the Board to make an oral presentation regarding a PFD. Although the Board is not statutorily required to offer an individual this additional opportunity to address the Board after the individual has been afforded a hearing at SOAH, the Board has determined that it is important to do so. Permitting an individual to appear before the Board to be heard on a PFD allows an individual the opportunity to personally address and interact with the Board and to be involved in the Board's deliberation and final decision on the PFD. Permitting such involvement helps instill a sense of fairness in Board decisions. While the Board believes that providing an individual with this opportunity is important and should be preserved, the Board also recognizes that it must adopt requirements and procedures that will help maintain the integrity of its decisions. The Board is charged with protecting the public from incompetent, unethical, and illegal conduct of its licensees and applicants. The Board meets this responsibility by adopting and enforcing rules and policies that identify unsafe and unprofessional behaviors and provide sanctions for such behaviors. The Board's decisions on PFDs relating to its disciplinary rules, policies, and sanctions are an important part of maintaining its ability to fairly and effectively regulate its licensees and applicants. As such, the proposed requirements are necessary to help ensure that the Board's decisions on PFDs are free from agency error. Board decisions that are free from agency error result in more predictable and reliable actions, which ultimately promotes better regulation and better protection of the public.
Potential Costs for Individuals To Comply with the Proposal.
The proposal prescribes requirements for individuals who wish to appear before the Board to make an oral presentation regarding a PFD. No individual is required by law to appear before the Board to make an oral presentation regarding a PFD. However, for those individuals who choose to do so, there will be associated costs of compliance with the proposed amendments. The probable costs associated with the proposed amendments will result from compliance with proposed amended §213.23(d) and will vary substantially among individuals depending upon several factors, including: whether an individual chooses to submit written exceptions, briefs, or responses to the Board; whether an individual chooses to appear before the Board to make an oral presentation regarding a PFD; and whether an individual chooses to retain legal representation to assist the individual in preparing written exceptions, briefs, or responses and/or appearing before the Board.
Proposed amended §213.23(d) provides that parties shall have an opportunity to file written exceptions and briefs with the Board concerning a PFD and that an opportunity shall be given to file a response to written exceptions and briefs. Further, in the event that an individual wishes to make an oral presentation to the Board regarding a PFD or a proposed modification to a PFD, the individual must first submit written exceptions, briefs, or responses in advance of the Board meeting where the PFD will be considered by the Board.
The Board anticipates that the costs associated with preparing and submitting written exceptions, briefs, and responses to the Board will be minimal. The Board anticipates the costs of compliance to include the preparation of written exceptions, briefs, and responses, and a method for delivering the written material to the Board. The costs associated with preparing written exceptions, briefs, and responses will be varied among individuals, depending upon a number of factors, including: the nature, number, and complexity of the issues asserted by the individual in the written material; the length of the written material prepared by the individual; whether or not the individual retains an attorney to prepare the written material submitted by the individual; and the cost associated with submitting the written material to the Board. Proposed amended §213.23(d) does not prescribe the specific content or the specific format of the written material that must be submitted to the Board or the specific delivery method that must be utilized by an individual. As such, each individual is free to choose the most efficient and economical manner of preparing the written material and submitting it to the Board. Further, the proposed amendments do not require an individual to utilize an attorney to prepare the written material submitted to the Board or to be represented by an attorney during the individual's oral presentation to the Board. For those individuals who choose to utilize the services of an attorney, the Board anticipates that an attorney could review an individual's case and prepare written exceptions, briefs, or responses in less than 15 hours, at the mean salary rate of $59.91 per hour, as set forth in the May 2008 State Occupational Employment and Wage Estimates for Texas published by the U.S. Department of Labor at http://www.bls.gov/oes/current/oes_tx.htm. Further, it is the Board's practice to schedule a specific time during its open meetings for individuals to appear before it to make an oral presentation. This practice reduces the amount of time that an individual must wait before being permitted to address the Board during the open meeting. As a result, the Board anticipates that an attorney could appear on behalf of an individual and make an oral presentation to the Board in less than two hours, at the mean salary rate of $59.91 per hour, as set forth in the May 2008 State Occupational Employment and Wage Estimates for Texas published by the U.S. Department of Labor at http://www.bls.gov/oes/current/oes_tx.htm. Proposed amended §213.23(d) does not require an individual to travel to Austin, Texas, to appear before the Board; rather, proposed amended §213.23(d) provides an individual the opportunity to do so, provided that the individual complies with the proposed requirements. Individuals who choose to appear in person in Austin, Texas, to make a presentation to the Board may incur travel costs in doing so. However, individuals are free to choose the most economical means of traveling to Austin, Texas, to appear before the Board, should they choose to do so. Further, each individual has the information necessary to estimate his or her own compliance costs associated with proposed amended §213.23(d).
Any other costs to comply with the proposed amendments result from the enactment of the Occupations Code Chapter 301 and the Government Code Chapter 2001 and are not a result of the adoption, enforcement, or administration of the proposal.
ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL AND MICRO BUSINESSES.
As required by the Government Code §2006.002(c) and (f), the Board has determined that the proposed amendments will not have an adverse economic effect on any individual, Board regulated entity, or other entity required to comply with the proposed amendments because no individual, Board regulated entity, or other entity required to comply with the proposed amendments meets the definition of a small or micro business under the Government Code §2006.001(1) or §2006.001(2). The Government Code §2006.001(1) defines a micro business as a legal entity, including a corporation, partnership, or sole proprietorship that: (i) is formed for the purpose of making a profit; (ii) is independently owned and operated; and (iii) has not more than 20 employees. The Government Code §2006.001(2) defines a small business as a legal entity, including a corporation, partnership, or sole proprietorship, that: (i) is formed for the purpose of making a profit; (ii) is independently owned and operated; and (iii) has fewer than 100 employees or less than $6 million in annual gross receipts. Each of the elements in §2006.001(1) and §2006.001(2) must be met in order for an entity to qualify as a micro business or small business. The only entities subject to the proposed amendments are individual licensees and applicants. Because individuals are not independently owned and operated legal entities that are formed for the purpose of making a profit, no individual licensee or applicant qualifies as a micro business or small business under the Government Code §2006.001(1) or §2006.001(2). Therefore, in accordance with the Government Code §2006.002(c) and (f), the Board is not required to prepare a regulatory flexibility analysis.
TAKINGS IMPACT ASSESSMENT. The Board has determined that no private real property interests are affected by this proposal and that this proposal does not restrict or limit an owner's right to property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking or require a takings impact assessment under the Government Code §2007.043.
REQUEST FOR PUBLIC COMMENT. To be considered, written comments on the proposal or any request for a public hearing must be submitted 30 days from the date of publication in the Texas Register to James W. Johnston, General Counsel, Texas Board of Nursing, 333 Guadalupe, Suite 3-460, Austin, Texas 78701, or by e-mail to dusty.johnston@bon.state.tx.us, or faxed to (512) 305-8101. If a hearing is held, written and oral comments presented at the hearing will be considered.
STATUTORY AUTHORITY. The amendments are proposed under the Occupations Code §§301.459(a), 301.505(c), and 301.151 and the Government Code §§2001.004, 2001.058(e), and 2001.062(a) and (b). The Occupations Code §301.459(a) requires the Board, by rule, to adopt procedures under the Government Code Chapter 2001 governing formal disposition of a contested case. The Occupations Code §301.505(c) requires the ALJ to make findings of fact and conclusions of law and promptly issue to the Board a PFD as to the occurrence of the violation and the amount of any proposed administrative penalty. The Occupations Code §301.151 authorizes the Board to adopt and enforce rules consistent with Chapter 301 and necessary to: (1) perform its duties and conduct proceedings before the Board; (2) regulate the practice of professional nursing and vocational nursing; (3) establish standards of professional conduct for license holders Chapter 301; and (4) determine whether an act constitutes the practice of professional nursing or vocational nursing. The Government Code §2001.004 states that, in addition to other requirements under law, a state agency shall: (1) adopt rules of practice stating the nature and requirements of all available formal and informal procedures; (2) index, cross-index to statute, and make available for public inspection all rules and other written statements of policy or interpretations that are prepared, adopted, or used by the agency in discharging its functions; and (3) index, cross-index to statute, and make available for public inspection all final orders, decisions, and opinions. The Government Code §2001.058(e) provides that a state agency may change a finding of fact or conclusion of law made by the ALJ, or may vacate or modify an order issued by the ALJ, only if the agency determines: (1) that the ALJ did not properly apply or interpret applicable law, agency rules, written policies provided under §2001.058(c), or prior administrative decisions; (2) that a prior administrative decision on which the ALJ relied is incorrect or should be changed; or (3) that a technical error in a finding of fact should be changed. Further, §2001.058(e) states that the agency shall state in writing the specific reason and legal basis for a change made under §2001.058(e). The Government Code §2001.062(a) provides that, in a contested case, if a majority of the state agency officials who are to render a final decision have not heard the case or read the record, the decision, if adverse to a party other than the agency itself, may not be made until: (1) a PFD is served on each party; and (2) an opportunity is given to each adversely affected party to file exceptions and present briefs to the officials who are to render the decision. Section 2001.062(b) states that, if a party files exceptions or presents briefs, an opportunity shall be given to each other party to file replies to the exceptions or briefs.
CROSS REFERENCE TO STATUTE. The following statutes are affected by this proposal:
Occupations Code §§301.459(a), 301.151, and 301.505(c); Government Code §§2001.004, 2001.058(e), and 2001.062(a) and (b).
§213.23.Decision of the Board.
(a) - (b) (No change.)
(c) The proposal for decision may be acted on by the
Board[,
] or the Eligibility and Disciplinary Committee, in
accordance with this section, after the expiration of 10 days
after the filing of replies to exceptions to the proposal for decision
or upon the day following the day exceptions or replies to exceptions
are due if no such exceptions or replies are filed.
(d) Parties shall have an opportunity to file written exceptions and briefs with the Board concerning a proposal for decision. An opportunity shall be given to file a response to written exceptions and briefs. However, a Respondent shall not be permitted to make an oral presentation to the Board concerning a proposal for decision unless the Respondent has first filed written exceptions or briefs with the board at least 21 days prior to the date of the next regularly scheduled board meeting where the Board will deliberate on the proposal for decision. A Respondent shall not be permitted to make an oral presentation to the Board concerning a proposed modification to a proposal for decision unless the Respondent has first filed a written response to the proposed modification with the Board at least 10 days prior to the date of the regularly scheduled Board meeting where the Board will deliberate on the proposal for decision.
(e) [(d)] It is the policy of
the Board to change a finding of fact or conclusion of law in a proposal
for decision or to vacate or modify the proposed order of a judge
when, the Board determines:
(1) that the judge did not properly apply or interpret applicable law, agency rules, written policies provided by staff or prior administrative decisions;
(2) that a prior administrative decision on which the judge relied is incorrect or should be changed; or
(3) that a technical error in a finding of fact should be changed.
(f) [(e)] If the Board modifies,
amends, or changes the recommended order of the judge, an order shall
be prepared reflecting the Board's changes as stated in the record
of the meeting and stating the specific reason and legal basis for
the changes made according to subsection (e) [(d)]
of this section.
(g) [(f)] An order of the Board
shall be in writing and may be signed by the executive director on
behalf of the Board.
(h) [(g)] A copy of the order
shall be mailed to all parties and to the party's last known employer
as a nurse.
(i) [(h)] The decision of the
Board is immediate, final, and appealable upon the signing of the
written order by the executive director on behalf of the Board where:
(1) the Board finds and states in the order that an imminent peril to the public health, safety, and welfare requires immediate effect of the order; and
(2) the order states it is final and effective on the date rendered.
(j) [(i)] A motion for rehearing
shall not be a prerequisite for appeal of the decision where the order
of the Board contains the finding set forth in subsection (i) [
(h)] of this section.
(k) [(j)] Motions for rehearing
are controlled by Texas Government Code §2001.145.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 17, 2009.
TRD-200903606
James W. Johnston
General Counsel
Texas Board of Nursing
Earliest possible date of adoption: September 27, 2009
For further information, please call: (512) 305-6811
CHAPTER 371. EXAMINATION AND LICENSURE
The Texas State Board of Podiatric Medical Examiners proposes amendments to §371.3, concerning Fees. The amendments to §371.3 are being proposed to cover the contingent revenue as stipulated by the 81st Texas Legislature which requires the board to assess or increase fees sufficient to generate during the FY2010-2011 biennium $17,875 in excess of $862,000 (Object Code 3562), contained in the Comptroller of Public Accounts biennial revenue estimate for FY2010-2011. Texas Occupations Code, §202.153, Fees, states that the board, by rule, shall establish fees in amounts reasonable and necessary to cover the cost of administering this chapter.
Hemant Makan, Executive Director, has determined that for each year of the first five years the rule is in effect, there will be no fiscal implications for state or local government as a result of adopting the section as proposed.
Mr. Makan has also determined that for each year of the first five years the rule is in effect, the public benefit anticipated as a result of adopting the changes for §371.3 will be to retain licensure and enforcement staff to ensure public safety and to ensure the complete funding of the agency's operations. There will be no effect on small or micro-businesses. The minimal cost to persons (i.e., licensees) who are required to comply with the changes to §371.3 will be $10.00.
Comments on or about the proposed amendments may be submitted to Janie Alonzo, Staff Services Officer V, Texas State Board of Podiatric Medical Examiners, P.O. Box 12216, Austin, Texas 78711-2216, janie.alonzo@foot.state.tx.us.
The amendments are proposed under Texas Occupations Code, §202.151, which provides the Texas State Board of Podiatric Medical Examiners with the authority to adopt reasonable or necessary rules and bylaws consistent with the law regulating the practice of podiatry, the laws of this state, and the law of the United States to govern its proceedings and activities, the regulation of the practice of podiatry and the enforcement of the law regulating the practice of podiatry.
The proposed amendments to §371.3 implement Texas Occupations Code, §202.153, Fees.
§371.3.Fees.
(a) (No change.)
(b) Fees are as follows:
(1) - (6) (No change.)
(7) Initial Licensing Fee--$459 (i.e. $454 plus
$5 Office of Patient Protection fee for HB2985 - 78th Session) [
$444 plus $5 fee for HB2985]
(8) Annual Renewal--$455 (i.e. $454 plus $1 Office
of Patient Protection fee for HB2985 - 78th Session) [
$444 plus $1 fee for HB2985]
(9) - (18) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 13, 2009.
TRD-200903568
Janie Alonzo
Staff Services Officer V
Texas State Board of Podiatric Medical Examiners
Earliest possible date of adoption: September 27, 2009
For further information, please call: (512) 305-7000
CHAPTER 511. ELIGIBILITY
SUBCHAPTER C. EDUCATIONAL REQUIREMENTS
The Texas State Board of Public Accountancy (Board) proposes an amendment to §511.58, concerning Definitions of Related Business Subjects.
The amendment to §511.58 will establish the effective date for course requirements to take the CPA exam.
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be none.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be to allow students and colleges sufficient time to transition into the new requirements.
The probable economic cost to persons required to comply with the amendment will be insignificant.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because the amendment does not impose any duties or obligations upon small businesses.
Mr. Treacy has determined that an Economic Impact Statement and a Regulatory Flexibility Analysis are not required because the proposed amendment will not adversely affect small or micro businesses.
The Board requests comments on the substance and effect of the proposed rule from any interested person. Comments must be received at the Board no later than noon on September 28, 2009. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted; finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§511.58.Definitions of Related Business Subjects.
(a) An individual who holds a baccalaureate degree from a recognized educational institution as defined by board rule, §511.52 of this title (relating to Recognized Colleges and Universities) may take related business courses offered at an accredited community college, provided they are recognized as upper level courses for a 4-year BBA degree from an institution recognized by the board.
(b) The board will accept not fewer than 24 semester credit hours of upper level courses (for the purposes of this subsection, economics and statistics at any college level will count as upper division courses) as related business subjects (without repeat), taken at a recognized educational institution shown on official transcripts or accepted by a recognized educational institution for purposes of obtaining a baccalaureate degree or its equivalent, in the following areas. Not more than 6 credit semester hours taken in any subject area may be used to meet the minimum hour requirement.
(1) business law, including study of the Uniform Commercial Code;
(2) economics;
(3) management;
(4) marketing;
(5) business communications;
(6) statistics and quantitative methods;
(7) finance;
(8) information systems or technology; and
(9) other areas related to accounting.
(c) In addition to the 24 hours required in subsection (b) of this section, the board requires that 3 passing semester hours be earned as a result of taking a course in ethics. The course must be taken at a recognized educational institution and should provide students with a framework of ethical reasoning, professional values and attitudes for exercising professional skepticism and other behavior that is in the best interest of the public and profession. The ethics program should provide a foundation for ethical reasoning and include the core values of integrity, objectivity and independence taught by an instructor who has not been disciplined by the board for a violation of the board's rules of professional conduct unless waived by the board.
(d) Effective July 1, 2011, the [The]
board requires that a minimum of 2 semester credit hours in accounting
communications or business communications be completed. The semester
hours may be obtained through a discrete course or offered through
an integrated approach. If the course content is offered through integration,
the university must advise the board of the course(s) that contain
the accounting communications or business communications content.
(e) Credit for hours taken at recognized colleges and universities using the quarter system shall be counted as 2/3 of a semester hour for each hour of credit received under the quarter system.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 12, 2009.
TRD-200903526
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: September 27, 2009
For further information, please call: (512) 305-7842